[Collections]

[Collections]

   11:26 AM       Laura

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To whom it may concern:

My name is Laura Wilkinson, and I am being asked for money that I feel I don’t need to pay. In talking with a rep yesterday, he asked that I provide the documents detailing why this is the case. In talking to several Lawyers in the area, they have all stated that I dispute this, and wait for them to take me to court if they really want the money due to the fact that they have breached a contract that I signed. In short, I will not be paying the money that collections will be asking me for. Here is a short timeline of things that happened that I feel is important to the case

TIMELINE:

Last year: I contacted Stone Properties to rent an apartment at the Old Mill Complex. When contacting them, Mr. Stone showed up at the apartment showed me around. After showing interest, I was emailed a contract (Document #1) which I dropped of at a drop box, with instructions that I could move in as soon as the current tenant moved out.

Last December: Due to roommate conflicts and issues with a stalker, I expressed my interest to move out. I purchased a contract elsewhere and put up my contract for sale. It didn’t sell before I moved out. When I Did move out, the room was used as storage until I could sell my contract.

Beginning of 2010: Rent was sporadically late due to being let go from my job, and trying to pay for 2 apartments. I was constantly putting it up for sale on Craigslist.. etc.

May 13th 2010: (Document #2) I was emailed by Mrs. Stone telling me that one of the roommates had a friend who wanted to move in. After responding that I was agreeing to give her my contract, I was told that “she just came in to sign the papers,” And to get any of my stuff still in the apartment out. I was also asked to turn in keys and sign a contract referral form. I did so, and when I went to get my stuff out, the new tenant was already living in the apartment. I left the keys with her. (Which in my case was a mistake due to the fact that Stone Properties requested I turn the keys in to them. But in my defense, their reason for turning the keys in were so that “she can get them” not that it stated anywhere that there was specific protocol concerning the returning of keys. When I moved into my new place, I was handed the key by the previous tenant.) I got my stuff out and last I heard was that my account was going to be calculated.

June 8th 2010: (Document #3) I was contacted with no previous communication requesting rent for May and June. I explained that the new tenant had moved in, and that for the last almost month, was under the impression that I was done and through with the contract. Mrs. Stone proceeded to tell me that “she has never paid money.” “and that they’ve tried to get a hold of her and are assuming she didn’t want it anymore. And that the contract is still mine. I also had forgotten to sign this transferal contract. I immediately sent word to BYU Mediation due to this getting very big.

I went in to sign a transferal contract and met with Mr. Stone, who stated there was a process they went through when signing new tenants. They had the tenant sign a contract and a credit form, then later they approve or deny the tenant. And that they ‘have the tenants sign the agreement and the credit application at the same time because most students are ok’ He explained that this new tenant they had found and kicked me out of the apartment for was disapproved. Which is different from what his wife was saying about “we assume she is not taking the contract”. He demanded rent from me which I told him I couldn’t pay. (The tenant was also still living in the apartment.) He said he would give the current tenant till that night to pay rent and they would give her the contract even though she ‘was rejected’ and he would call me in the morning.

I received a call the next day telling me that they were kicking the current tenant out, and that they were refusing mediation and I had 2 days to pay it or they were sending it to collections.

Later that night after talking to my old roommate, I found that the current tenant had left a copy of the contract she signed in the apartment. (Document 4), the credit application (document 5), and the transfer agreement (Document 6)

Here are some notes to point out.

1. The current tenant (Lily) signed a contract which the BYU contract states: Section 23.E: After student gives notices of his or her intent to vacate the property, if the student or landlord finds a suitable substitute student who EXECUTES A NEW RENTAL AGREEMENT with the landlord, the student may terminate without penalty or FURTHER CONTRACTUAL OBLIGATION.
1.a. The Transfer agreement (document 6) states that I WOULD be under obligation should the new tenant not be able to pay, and I didn’t sign this.
2. The contract that the Lily is a copy of my contract I signed, which does not have the landlord’s signature on… (MY COPY) which means I am not bound to them anyway because they never signed it.
3. There was a difference in stories concerning Lily, with Mrs. Stone stating they couldn’t get a hold of her to take the contract, and Mr. Stone telling me that “they had rejected her” Section 23.E also states: IF the student finds a suitable substitute student which the landlord refuses to accept in a timely manner, the student may terminate without penalty or further contractual obligation. Based on the fact that I was not alerted that they were refusing her, that Mrs. Stone was still waiting to accept her almost a month later) I believe this line applies here.
4. if I had still been living in the apartment, they would have told me to move out, and then randomly a month later told me “oh sorry, we made a mistake you can move back in” which is unacceptable. I was lucky I was already living somewhere else at the time this took place.

In conclusion, I’ve been told by several lawyers who have reviewed my case that I should let them take me to court to get the money, and even go so far as to sue them for my deposit which they’re still holding. Any judge who reviews this case will request mediation which they’ve both refused to do anyway. This is not something I will be paying ESPECIALLY due to the inconvenience they’ve put me through.

If you have any questions, please call me, [Insert Number Here]
Many thanks,
Laura Wilkinson


I gave this to collections last Thursday, and haven't heard anything back from anybody...


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